Labour Court Database __________________________________________________________________________________ File Number: CD86878 Case Number: LCR10926 Section / Act: S67 Parties: HOTEL WESTPORT - and - ITGWU |
Dispute concerning payment of a Christmas Bonus.
Recommendation:
5. Having regard to the formalisation of the wages and conditions
in accordance with the terms of the Joint Labour Committee it is
the view of the Court that the payment of the bonus is no longer
appropriate and it therefore recommends that they should commence
negotiations on the Employer's offer to "buy out" the system.
Division: Mr O'Connell Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD86878 THE LABOUR COURT LCR10926
CC861051 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR10926
Parties: HOTEL WESTPORT
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Dispute concerning payment of a Christmas Bonus.
Background:
2. The Company is in operation since 1966. It employs 30 people
during peak season with a reduction in staff levels during the off
season. It's intention this year is to close down it's
accommodation from November until the spring or until business
picks up. It is hoped to run functions such as dinner dances,
weddings etc. The permanent staff would be offered first choice
to work at such functions. Over the past number of years the
staff have received an end of year bonus which was paid at
Christmas. The bonus paid at Christmas 1985 was not increased
over the Christmas 1984 level. The workers concerned then joined
the Union in the early part of 1986. It came to light that the
terms of the Joint Labour Committee (J.L.C.) rates of pay and
conditions for the industry were not honoured in all cases. After
a number of meetings the Company agreed to rectify the matter.
However no agreement was reached regarding the payment of the
Christmas bonus. The Company contend that the year end bonus was
paid to compensate for overtime worked during the year for which
no payment was made. As the employees were now paid for overtime
worked the payment of a year-end bonus would no longer be
implemented. As no agreement could be reached at local level, the
matter was referred to the conciliation service of the Labour
Court on 18th June, 1986. A conciliation conference was held on
30th July, 1986. As no progress was made at the conciliation
conference it was agreed on 2nd November, 1986, to refer the
matter to the Labour Court for investigation and recommendation.
A Labour Court hearing was held in Castlebar on 19th November,
1986.
Union's arguments:
3. (a) The workers concerned are entitled to this bonus based
on the fact that they have been in receipt of it for
the past number of years.
(b) There is no agreement or understanding between the
Company and the workers concerned that the wages paid
were all embracing to include overtime, gratuities,
etc.
(c) The Company offered a once-off payment to "buy-out"
this bonus but this offer was rejected as unacceptable.
Company's argument:
4. (i) The Company now pays out overtime instead of year end
bonus (details of individual earnings for overtime for
1986 and end of year payment for 1985 were supplied to
the Court). From these figures it is unacceptable to
have to pay a bonus at end of year when it has already
being paid out with the implementation of overtime
payments.
RECOMMENDATION:
5. Having regard to the formalisation of the wages and conditions
in accordance with the terms of the Joint Labour Committee it is
the view of the Court that the payment of the bonus is no longer
appropriate and it therefore recommends that they should commence
negotiations on the Employer's offer to "buy out" the system.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
Deputy Chairman.
18th January, 1987.
M.D./J.C.